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  • Suspension Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas

    I work at a cemetary, last week while mowing the grass I mowed over a inground marker like I usually do, but this time when I mowed over it I damaged it & the mower broke. I let the supervisor know what happened. Yesterday 9-12-06 I went to work & was told that after today I was suspended for the rest of the week! Can They actually do that when we have never had that policy in effect before. I have been with the cemetary now for 10+ years. Is it legal for them to implement a disipline policy without anyone knowing about it? I'm not the first person to damage a marker with the mower. Do I have any kind of recourse? The cemetary director is the person who told me about the suspension not the supervisor. They have also been harrassing me some since I have come back from a medical leave.
    Last edited by HDBearman; 09-13-2006, 09:19 AM.

  • #2
    Yes it is legal. I wouldn't expect that there would be a policy that governs what happens when you cause damage to one of the markers and company property, but it is entirely reasonable to suspend or even fire you for doing so. There just can't be a policy for every offense that might take place.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by ElleMD
      Yes it is legal. I wouldn't expect that there would be a policy that governs what happens when you cause damage to one of the markers and company property, but it is entirely reasonable to suspend or even fire you for doing so. There just can't be a policy for every offense that might take place.
      But can they do it without notice? I mean there was nothing ever said about any type of supsension or anything. I understand there is a cost to repair the marker, I myself repair the mower. Souldn't we have been told at some point in time that if you damage a marker or a piece of equip this is what is going to happen? Damageing a marker has been going on with everyone since I have been at the cemetary.
      Last edited by HDBearman; 09-13-2006, 09:36 AM.

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      • #4
        They do not have to have a policy, give you any notices or warning, or otherwise make you aware of a possibility of suspension before you can legally be suspended. The law does not dictate to the employer the circumstances under which an employee can be suspended. Therefore, an employee can legally be suspended for just about any infraction an employer wishes, and a policy specifying each and every reason for which an employer can suspend you would need a forklift to be handled and would take you a year to read.

        I realize you think it is unfair but your employer has violated no laws.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          more ????

          Originally posted by cbg
          They do not have to have a policy, give you any notices or warning, or otherwise make you aware of a possibility of suspension before you can legally be suspended. The law does not dictate to the employer the circumstances under which an employee can be suspended. Therefore, an employee can legally be suspended for just about any infraction an employer wishes, and a policy specifying each and every reason for which an employer can suspend you would need a forklift to be handled and would take you a year to read.

          I realize you think it is unfair but your employer has violated no laws.
          Can the employer say okay you are suspended for the rest of the week, Ok I was suspended on a Tues..was told you are suspended for the rest of the week...Supervisor will call you on Fri..Supervisor called on Friday the Director is not ready for me to come back. It is now Tuesday again. I've been without work now for a week, I do have bills to pay..can he continue to say I'm suspended for a indifinite period of time? My fiancee & I have just bought a house, her paycheck is not enough to handle all the bills. I've been actually putting in applications....if he is going to fire me or lay me off lets get it over with so I can get on with either trying to collect unemployment until a new job comes along or what!

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          • #6
            Yes they can. No law says they can not. Have you called back or gone by to speak with them?
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Originally posted by ElleMD
              Yes they can. No law says they can not. Have you called back or gone by to speak with them?
              Not since I spoke with the supervisor on Saturday. He is under the impression that I will probaly be laid off! But how long should I wait to hear on this? We need money!

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              • #8
                Unless you think you can get some more definitive information from your employer regarding your status, I would file your unemployment claim today.

                Apparently, you have not been provided with a definitive length of suspension nor even a definitive reason. Rather, it appears that your were suspended for damaging equipment/property and that you may be laid off, however that is based solely on supposition and speculation.

                At the very least, the claim will require the employer to provide more information and/or take some definitive action.

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                • #9
                  Originally posted by rjc
                  Unless you think you can get some more definitive information from your employer regarding your status, I would file your unemployment claim today.

                  Apparently, you have not been provided with a definitive length of suspension nor even a definitive reason. Rather, it appears that your were suspended for damaging equipment/property and that you may be laid off, however that is based solely on supposition and speculation.

                  At the very least, the claim will require the employer to provide more information and/or take some definitive action.
                  So there would be no problem if I applied for unemployment & explained the problem to them....that would then put the ball in the employers court then & he would have to make up his mind. If he decides he is going to fire me then instead of laying me off that will then cause a problem with unemployment right?

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                  • #10
                    If the firing is going to cause problems with unemployment, it's going to do so regardless of what triggers the firing.

                    So what have you got to lose?

                    The employer can leave you on unpaid suspension indefinitely. You can either wait for him to make a move (and when I mean indefinitely, I mean no law requires him to EVER take you off suspended status) or you can apply for unemployment and see what happens.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Originally posted by cbg
                      If the firing is going to cause problems with unemployment, it's going to do so regardless of what triggers the firing.

                      So what have you got to lose?

                      The employer can leave you on unpaid suspension indefinitely. You can either wait for him to make a move (and when I mean indefinitely, I mean no law requires him to EVER take you off suspended status) or you can apply for unemployment and see what happens.
                      OK I'll give it a shot!!
                      Thanks

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